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DOWNEY v. RUNYON

Docket No. 97-6239.

160 F.3d 139 (1998)

Francis X. DOWNEY, Plaintiff-Appellant, v. Marvin T. RUNYON, Jr., Postmaster General, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 13, 1998.

Order on Rehearing January 26, 1999.

Attorney(s) appearing for the Case

Francis X. Downey, Buffalo, NY, Plaintiff-Appellant Pro Se.

Janet E. Smith, Attorney, United States Postal Service, Washington, D.C. (R. Andrew German, Managing Counsel, United States Postal Service, Washington, D.C., Patrick H. NeMoyer, United States Attorney for the Western District of New York, Buffalo, New York, Mary E. Fleming, Assistant United States Attorney, Buffalo, New York), for Defendant-Appellee.

Before: KEARSE, Circuit Judge, POLLACK and CASEY, District Judges.

Pollack, Senior District Judge:

PRELIMINARY

Plaintiff, an employee of the United States Postal Service ("USPS"), having asserted an employment claim involving discrimination on the basis of disability, brought a "mixed appeal" before the Merit Systems Protection Board ("MSPB"), which dismissed the appeal for untimeliness. After the Equal Employment Opportunity Commission ("EEOC") denied jurisdiction and determined not to review the MSPB's decision, plaintiff...

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